Risk
The risk of some kind of damage to goods, or their loss, may be arranged
specifically by the parties, but otherwise will normally pass when the
property passes.
Terms implied by sections 12 to 15
The Sale of Goods Act 1979 implies five basic, but important, terms into
contracts for the sale of goods to consumers in sections 12 to 15. Some
cases quoted as examples were based on the sections of the 1893 Act but
would not have changed significantly if they had arisen more recently.
The five main terms which affect consumers are:
- title
- sale by description
- satisfactory quality
- fitness for a purpose
- sale by sample.
238 Contract law
Figure 16.1The ‘shopping’ rights of a consumer
Title:section 12 implies a condition that the seller
has a right to sell the goods.
Description:section 13 implies a condition that the
goods will be as described.
Satisfactory quality:section 14(2) implies a
condition that goods will be of ‘satisfactory’
quality.
Fitness for particular purpose:section 14(3)
implies a condition that goods will be fit for any
particular purpose made known to the seller.
Sale by sample:section 15 implies a condition that
the sample will correspond with the whole of the
goods in quality.